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(영문) 대전고등법원 (청주) 2018.04.19 2017노164
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 alleged that Defendant 1 had a mental or physical injury or mental disorder at the time of committing the crime of bodily injury to Defendant 1 (victim W) on November 21, 2017, with the reason for appeal on November 21, 2017, and therefore, we examine this.

The Defendant was in a state of mental and physical loss or mental disorder at the time of committing this part.

2) The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. The following facts and circumstances are acknowledged according to the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical disorder.

(1) The defendant was at least the same level as the previous wife by the police and the prosecution.

A statement was made to the purport that he is well-known memory, and that he was exposed to his face and frighting.”

② In particular, the Defendant made a statement at the prosecutor’s office to the effect that “The Defendant only dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty dynasty.”

At that time, a statement was made to the effect that “n't bet bet,” and there was a statement in detail as to the situation before and after the crime, depending on memory.

In light of the aforementioned circumstances, such as the background of the crime, the behavior of the defendant at the time, the memory of the defendant in the process of the crime, the amount of the defendant's reputation or the amount of the defendant's drinking at the time, etc., the right and wrong at the time of the crime in this part shall be examined or decided by the defendant.

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